Nebraska § 37-914 National Trails System Act; commission;
railroad right-of-way; acquisition; uses; conditions

Nebraska Statutes

§ 37-914 — National Trails System Act; commission; railroad right-of-way; acquisition; uses; conditions

Nebraska·Ch. 37 Game and Parks

(1)Pursuant to the National Trails System Act, and with the consent of the Governor pursuant to section 37-303 , the Game and Parks Commission may acquire by gift, devise, or purchase all or any part of a railroad right-of-way in the state proposed to be abandoned for interim trail use. The commission, pursuant to the National Trails System Act, shall hold the right-of-way for one or more of the following uses:

(a)To provide a state recreational trail open to the public;

(b)To preserve wildlife habitat;

(c)To provide a conservation, communications, utilities, and transportation corridor; and

(d)Other uses approved by the commission.

(2)The right-of-way may be acquired only if the State of Nebraska is reasonably protected in a manner satisfactory to the commission for the costs of re

Free access — add to your briefcase to read the full text and ask questions with AI

(1)
Pursuant to the National Trails System Act, and with the consent of the Governor
pursuant to section 37-303 , the Game and Parks Commission may acquire by gift,
devise, or purchase all or any part of a railroad right-of-way in the state
proposed to be abandoned for interim trail use. The commission, pursuant to
the National Trails System Act, shall hold the right-of-way for one or more
of the following uses:
(a) To provide a state recreational trail open to the public;
(b) To preserve wildlife habitat;
(c) To provide a conservation, communications, utilities, and transportation
corridor; and
(d) Other uses approved by the commission.
(2) The right-of-way may be acquired only if the State of Nebraska is
reasonably protected in a manner satisfactory to the commission for the costs
of remedial action and environmental cleanup for conditions arising prior
to conveyance to the state and the title is free and clear of all liens and
encumbrances.
(3) The commission may use funds available by gift, appropriation, the
Trail Development Assistance Fund, and other appropriate cash funds for uses
consistent with those stated in this section and sections 37-303 and 37-1003 .
(4) As long as the integrity of the right-of-way as an interim recreational
trail and future rail use is not disturbed, the commission may lease and grant
easement rights on the right-of-way. Any lease or use allowed shall be subject
to all prescriptions of the National Trails System Act. All revenue collected
from such leases shall be remitted to the State Treasurer for credit to the
Trail Development Assistance Fund pursuant to sections 37-1003 and 37-1004 .
(5) The commission shall continue to allow all crossings across the
right-of-way acquired at the time of acquisition on substantially the same
terms and conditions as they existed prior to acquisition unless otherwise
agreed between the commission and interested parties.
(6) The acquisition of the right-of-way shall be subject to the restoration
of rail service. If a proposal for the operation of a railroad is approved
by the federal Surface Transportation Board, the right-of-way
shall be sold for the market value of the land and improvements and conditioned
upon (a) the operation of a railroad along the right-of-way, (b) the grant
of an easement to the commission for recreational trail use adjacent to the
railroad if such use is feasible, and (c) the return of the right-of-way to
the commission if rail service is discontinued.

Nebraska § 37-914 (National Trails System Act; commission; railroad right-of-way; acquisition; uses; conditions) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.